Child Support - Lincoln,NE

In most states it makes no diffrence if the bio dad lives with the mom and child, the child is still getting the full support. If they were married it would be a diffrent story. All I can recommend is file for child support adjustment and request a hearing. Maybe you can get some more money. Good luck.

Child support for different children from different mothers is supposed to be mutually exclusive. In other words, whatever he's paying for any other children (his daughter) he has should have no effect on what he's paying in child support for your son. If you have child support established through the court and you have proof of everything that he's paid and that he hasn't paid anything else, he can owe your son retroactive support. You may have to petition the court to have his wages garnished, but if you haven't set up anything official at all then it's time to do so. Get a lawyer.

Hi E.,

The child who was born first has what is called "right of first family". That means out of his money the FIRST BORN child gets paid the full amount of court ordered child support BEFORE money is paid to any other children (including if you had other kids with the same dad that were born after other kids).

So, I'm not sure why you are being shorted..... sounds like his is paying you directly and voluntarily? That's why auto pay was invented. Haul him back to court and have him start to pay both amounts.

As far as what his financial situation is other than his obligation to pay what is awarded for your son, that's really not your biz.... so I wouldn't bring that up. is it fair? Hellz to the no. But life isn't fair. The judge won't look at that info, but he will look to make sure that your son is getting his full amount, as long as the dad makes enough money to cover his firstborn's award. Then he can pay whatever to any other kids, regardless of if he lives with them or not. You can have custody and child support decrees regardless if you live together or not - it's just a document stating financial arrangements. Sounds kinda smart to me. Looks like babymama #2 knows his deal. I certainly wouldn't stop support payments with someone who has a history of not paying what's ordered, even if I was trying to reconcile. Sounds like she just wants to protect her kid.

So, yes - take him back to court.

Good luck.

I am confused, so far as my support is determined my ex can have all the kids he wants but he still has to pay the same amount.

I guess what I am wondering is this a court order? That would be the only way my ex could reduce my child support.

On the living together, my fiancée has been living with us for a year and a half. This actually puts our household income on par with my exes. Still until we marry there isn't a damn thing he can do to change the support checks.

I think they are both his kids and he needs to support them, it's not about them living together or not, he still needs to support both children. You should get more, since your child was first, and not because you are a single parent household.

You can't control what she gets, but you can fight for what your son is supposed to get. Talk to the appropriate government authorities in your state. In Minnesota, we can get the ordered amount of support garnished from their wages without even going to court.

I'll echo the others in wondering how the heck this happened. The child support ordered for the first child does not get reduced because a man doesn't know how to keep his pants on. I would know - my oldest son has an older half-brother from his bio dad and the support order for that child is twice what it is for my child. File a complaint for modification (or have your state's child support enforcement agency file for you) to award you the full support that you should have gotten under your state's guidelines and get that enforced.

I don't know about the legality of the girlfriend getting support when they are living in the same household. You would have to check the laws in your state. However, this has nothing to do with you or the support you receive for your child.

How was the amount of child support determined? It's usually set by the courts. If you are not getting the full amount that the State of NE awarded you, then you need to contact the courts to get the full share for your child.

No laws regarding whether you live under the same roof. My SO had to pay child support for years and we were still living together, WI was a stickler about paying support, we moved to MO and the support order is still in place and yet he no longer pays it. I am not hauling him into court to have it enforced, but neither will I abolish the support order. Since he ignores the support order he is racking up huge fines ( which I think is stupidity on his part, but then again he has never been responsible, which is one of the reasons I refuse to abolish the support order)
Your support should Never have gone down...in fact with cost of living increases it should only go up. Time for you to go back to court, I know it isn't fun, but sometimes you got to do what you got to do...don't bring up ex's GF or other children...it will not help your case and make you look petty.

Call your local child support enforcement agency and ask for them to start taking it out of his paycheck. They take ALL of his child support out of his check before he gets the check in hand. He has no option of not paying it due to the company being legally obligated to do it for him once the child support enforcement agency gets the paperwork in place and it's effective. We get child support every week from one dad whether his employer does it or he does it. He is very good at paying it. The other dad never works anywhere long enough to make money and works a lot of jobs for cash. His income tax refund comes to us for back child support every year.

If he was legally married to this woman and they filed taxes together then she could file a paper called Injured Spouse. She would state that part of the income was hers and she wants her part of the return. She is not legally obligated to give you her income tax refund even if they filed jointly. Since they were never married his entire tax refund will go to the back child support first.

Call them! Get the paper work started and then it will be an automatic deposit on a card they give you. Ours is a state card and is pretty generic looking.

I think men that help to make babies need to support ALL of them.

Is he paying support on the honor system or something? I would assume your legal child support amount has not been reduced by the courts, right?

If you go through the courts, they will make sure you get your support. Ir's also better for the dad, b/c then he has a record of his payments as well and that eliminates all of the he said/she said stuff.

No I doubt it's legal, and honestly why would he still pay her if they're living together?! I am willing to bet he's not paying a dime now and you're still getting shorted. In WI the first child's support doesn't get shorted unless/until there are 4+ kiddos on the roster. Sounds like you need to call your county's family services.

I would go to court to ask for an adjustment - make sure the adjustment is UP.

I believe that every state is different. Someone below said something about 'Right of first family" and that is NOT how the state of Washington works. In WA, the father can NOT be made to pay more than 46% of gross in child support, no matter how many kids, in what order he had them or by several different woman. So if you lived here in WA your child support order would go down b/c he would have to pay for all of his kids...think about it, if the man has 1 child, is ordered to pay $X amount (the courts determine what X amount is off of his yearly salary and there is a limit of how much they can legally take out of his paychecks, no matter what the state is there is always a limit) then has another child he has to have $ to pay for that child too.

Your only option is to apply for Child Support Modification and let the courts sort it out.

Also here is WA the woman has a right to file for child support no matter if she lives with the father or not, as long as the parents are not married.

~Sorry, I only have Child Support experience in the state of Washington b/c that is where my husbands child support order for my 2 stepsons is.

He has to take care of all his children not just yours. That being said, is your child support an agreement between the two of you or ordered by the state. I don't understand why you would only get a fraction of what you should be getting. If it is court ordered, did he file for modification? If so, and you know for certain they are living together, file a modification and see what happens. If you agreement is informal, I would let him know that you need all of the child support. Either way, contact an attorney and see what you can do to get support for your child and his.

Sorry to hear this! Of course it's not fair. But that's kind of how it is with this type of ex.
I don't know about the legal end, but I would suggest you weigh how much it's worth to fight for more money. Would the drama be worth it? Would he give it to you even if the court ordered him to? Maybe not.
Do you have a friend you can pray about this with? I find that really helps.
Blessings to you and your son.

Well here in MN the only way that a support amount can be lowered is through a modification, which you get notified by the courts. Could it be that he isn't making as much money? Child support can only take a percentage out of his paycheck.